Optimal liability for optimistic tortfeasors

As Alicke and Govorun (The self in social judgment, Psychology Press, New York, 2005, p. 85) observed, “most people are average, but few people believe it.” Optimism and other forms of inflated perception of the self lead parties to exercise suboptimal precautions when undertaking risky activities and often undermine the incentive effects of tort rules. In this paper, we show that the presence of optimism undermines several critical assumptions, upon which law and economics scholars have relied when modeling the incentive effects of tort law. We construct a model representing the incentives of “optimistic” tortfeasors and victims, and consider mechanisms for mitigating the effects of biased decision-making. We show that in the presence of optimism, comparative negligence rules are preferable to contributory negligence rules (i.e., the traditional equivalence between contributory and comparative negligence does not hold). Further, we discover the surprising conclusion that the most effective way to correct optimism may often simply be to “forgive” it, shielding optimistic individuals from liability, rather than holding them liable for the harms they cause.     

Perceived accountability and public attitudes toward local police

Recent national events have brought the issue of police-community relations into the public eye. Even though a large body of academic research exists on the predictors of public attitude toward police, very little is known about how public perceptions of police accountability influence satisfaction with the police. This study seeks to fill that gap by using ordered logistic regression and multi-year community-level survey data from one Western city (n = 3725) to examine the relationship between satisfaction with police accountability and overall attitudes toward the police. The results indicate that respondent satisfaction with police accountability was a strong, consistent predictor of satisfaction with local police, even after controlling for other important variables, such as race/ethnicity and community context. The findings suggest that public perceptions relating to the control of police officer conduct should be considered when assessing the predictors of attitudes toward the police.     

Who Learns from What in Policy Diffusion Processes?

The idea that policy makers in different states or countries may learn from one another has fascinated scholars for a long time, but little systematic evidence has been produced so far. This article improves our understanding of this elusive argument by distinguishing between the policy and political consequences of reforms and by emphasizing the conditional nature of learning processes. Using a directed dyadic approach and multilevel methods, the analysis of unemployment benefits retrenchment in OECD countries demonstrates that policy makers learn selectively from the experience of others. Right governments tend to be more sensitive to information on the electoral consequences of reforms, while left governments are more likely to be influenced by their policy effects.     

Latent Fingermark Aging Patterns (Part IV): Ridge Width as One Indicator of Degradation

This fourth article of the series is taking an in‐depth analysis at the visible aging of latent fingermarks regarding changes in ridge widths over time. The objective is to quantify and statistically describe significant ridge size variations under controlled indoor conditions. The effect of three environmental variables are examined: type of secretion (sebaceous‐ and eccrine‐rich) and type of substrate (glass and polystyrene) when aged in three light conditions (direct natural light, shade, and dark). Prior to width measurements, fresh and aged fingermarks were powdered with titanium dioxide (TiO₂) and sequentially photographed at predetermined times over 6 months. Three independent observers measured the ridges from thirty predetermined locations using strategically placed intersecting lines on the print. Results indicate that fingermarks deposited on glass are more resilient to degradation compared with those deposited on plastic. The presence of direct natural light plays a negligible role on degradation compared to secretion and substrate types.     

An Assessment of How Facial Mimicry Can Change Facial Morphology: Implications for Identification

The assessment of facial mimicry is important in forensic anthropology; in addition, the application of modern 3D image acquisition systems may help for the analysis of facial surfaces. This study aimed at exposing a novel method for comparing 3D profiles in different facial expressions. Ten male adults, aged between 30 and 40 years, underwent acquisitions by stereophotogrammetry (VECTRA‐3D ^® ) with different expressions (neutral, happy, sad, angry, surprised). The acquisition of each individual was then superimposed on the neutral one according to nine landmarks, and the root mean square (RMS) value between the two expressions was calculated. The highest difference in comparison with the neutral standard was shown by the happy expression (RMS 4.11 mm), followed by the surprised (RMS 2.74 mm), sad (RMS 1.3 mm), and angry ones (RMS 1.21 mm). This pilot study shows that the 3D–3D superimposition may provide reliable results concerning facial alteration due to mimicry.     

Fingerprint Change: Not Visible,But Tangible

Hand–foot syndrome, a chemotherapy‐induced cutaneous toxicity, can cause an alteration in fingerprints causing a setback for cancer patients due to the occurrence of false rejections. A colon cancer patient was fingerprinted after not having been able to use fingerprint recognition devices after 6 months of adjuvant chemotherapy. The fingerprint images were digitally processed to improve fingerprint definition without altering the papillary design. No evidence of skin toxicity was present. Two months later, the situation returned to normal. The fingerprint evaluation conducted on 15 identification points highlighted the quantitative and qualitative fingerprint alteration details detected after the end of chemotherapy and 2 months later. Fingerprint alteration during chemotherapy has been reported, but to our knowledge, this particular case is the first ever reported without evident clinical signs. Alternative fingerprint identification methods as well as improved biometric identification systems are needed in case of unexpected situations.     

Detecting the True Nature of Allegations of Rape

A study was conducted to test whether it is possible to build a model to distinguish true and false allegations of rape based on the theory of fabricated rape. The theory is based on the principle that a false complainant of rape has not been raped and has to fabricate a story while the story of a true victim is based on recollections of the event. Consequently, false complainants will behave as liars do, construct their story based on their own sexual experiences and on mental representations, beliefs of how such a crime would happen (De Zutter et al. in Eur J Psychol Appl Leg Context. doi: 10.1016/j.ejpal.2016.02.002, 2016). To test the theory and to build a model to discriminate between true and false allegations of rape, a police sample of true and false allegations was studied. A total of 129, 72 true and 57 false, allegations of rape fulfilled the stringent criteria of the current study, among others on ground truth. Fifty-four allegations of rape, 27 true and 27 false, were used to build a prediction model based on the theory of bounded rationality by Gigerenzer (2002). The remaining 75 cases, 45 true and 30 false, were blindly categorised as either true or false based on the model. The model was able to predict the true nature of the majority of allegations with an accuracy rate of 91 %. Thus, it seems possible to discriminate to a considerable extend between true and false allegations of rape.